Judicial Notice

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JUDICIAL NOTICE.

CHRISTMAS PUBLIC HOLIDAYS.

Judicial notice of Christmas public holidays. “7. That the period I was served also coincided

with Christmas season and the Christmas break as a result of which the time allowed for me to

file the respondent notice expired.” Thus, I would take judicial notice of the fact that the

Christmas public holidays are usually observed on 25th and 26th of December annually

(December 2006 inclusive).” – Per Saulawa, J.C.A., in Essien v. Diamond Bank (Nig.) Plc Suit

No. CA/J/283/2006; (2009) 17 N.W.L.R. (Pt. 1171) 466 at 483.

COURT’S VACATION PERIODS.

Whether and why Court is not expected to take judicial notice of Court’s vacation. “It is

a fact that the High Courts of all the States of the Federation go on vacation each year which is

notorious enough for the Court to take judicial notice of, but the duration also varies from state

to state and the Court cannot be expected to take judicial notice of such variations because the

vacation is a practical thing and not static. It is not the same thing with known public holidays

which hardly change. Thus, it would not be proper to note periods of Court’s vacation

judicially. Therefore, any party asserting that the Court is on vacation is required to prove same

by evidence. I am fortified in this view by the decision of this Court in the case of Benue

Cement Company Plc v. Sky Inspection (Nig.) Ltd. and Anor (2002) 17N.W.L.R. (Pt. 795)

86 at 114.” – Per Abba-Aji, J.C.A., in E.B. Plc Awo Omamma v. Nwokoro Suit No.

CA/PH/281/1997; (2012) 14 N.W.L.R. (Pt. 1321) 488 at 506.

CUSTOM.

Duty on party alleging existence of a custom. “A party who alleges the existence of

customary law must prove that customary law because the law of evidence regards it as a fact,

unless it can be noticed judicially. See section 14 of the Evidence Act, Cap. 112, Laws of the

Federation of Nigeria, 1990. See also Angu v. Attah PC1874-928 43;Buraimo v. Bamgboye

(1940) 15 N.L.R. 139; Adagun v. Fagbola (1932) 11 N.L.R. 110; Giwa v. Erinmilokun(1961)

1 S.C.N.L.R. 337, (1961) 1 All N.L.R. 294;Ekpan v. Uyo(1986) 3N.W.L.R. N.W.L.R. (Pt.

26) 63.” – Per Tobi, J.S.C., in Onyenge v. Ebere Suit No. S.C. 117/2000; (2004) 13 N.W.L.R.

(Pt. 889) 20 at 37.

Judicial notice of “Igiogbe” under Bini Custom. “In Bini Native Law and Custom, an

“Igiogbe” is a custom of a general application and it is judicially noticed as such. See

Egharevba v. Orunghae(2001) 11N.W.L.R. (Pt. 724) 318;Lawal-Osula v. Lawal-Osula

(1995) 9N.W.L.R. (Pt. 419) 259;Agidigbi v. Agidigbi(1996) 6N.W.L.R. (Pt. 453)

300 andImade v. Otabor (1998) 4 N.W.L.R. (Pt. 544) 20.” – PerGaladima, J.S.C., in Uwaifo

v. Uwaifo Suit No. S.C. 135/2004; (2013) 10 N.W.L.R. (Pt. 1361) 185 at 202.